Border changes : partnership pack (UK Brexit)

In a major update and bringing together of already issued instructions, the new Partnership Pack (borders) is now issued. Here

Please note the Hauliers sections, and the sections for Specialist Traders.

Note : I already posted about bi laterals in place to continue existing transboundary waste movement contracts. But note the further work that needs to be done in this area.

Waste Transhipments (UK Brexit)

As you know, on exit day (without an agreement in place) the UK will be a third country as respects waste shipments to and from EU member states, and to and from EEA countries (the EU Waste Shipment Regulation is incorporated into the EEA Agreement, NB however, shipments to Norway were always regarded as an export).

DEFRA is working behind the scenes to continue current consents (under the EU Waste Shipment Regulation) beyond the exit day, subject to certain conditions being met.

DEFRA has now informed the Chemical Industries Association (CIA) on their latest enquiry, that (per the CIA email to members) “98% of existing consents under the EU Waste Shipments Regulation have attained agreement from EU member states to continue their validity if the UK withdraws from the EU without a deal. However, there will be additional administrative procedures to follow so please contact your regulator if you require clarification”.

Spain remains the only outstanding member state, and the CIA will continue to work with Government on resolving this issue. The CIA ask to be advised if Spain is of relevance to your waste streams and you have not already informed them, or DEFRA.

[my thanks to a client, for the above information, the understanding is “there were 557 consented exports as of November 2018. As of last week, all bar the 12 Spanish ones (including Gibraltar) have obtained agreement from the MS/CA”.]

Food and Drink Waste Hierarchy (England)

DEFRA today announced a new Food and Drink Waste Hierarchy, applicable in England. Scotland and Northern Ireland already have Food Waste rules, and Wales has stipulations to prevent down the drain disposal.

The (England) Food and Drink Waste Hierarchy is here.

The Hierarchy is as follows :

1 Prevent surplus and waste in your business.

2 Redistribute surplus food.

3 Make animal feed from former food.

4 Recycle your food waste – anaerobic digestion.

5 Recycle your food waste – composting.

6 Recycle your food waste – landspreading.

7 Incinerate to generate energy.

8 Incinerate without generating energy.

9 Send to landfill or sewer.

I will add to Cardinal Environment EHS Legislation Registers & Checklists.

New Waste Strategy (England)

Waste legislation and policy is a devolved matter in the UK. Today, DEFRA published its Waste Strategy for England, replacing the 2011 waste review and 2013 waste prevention programme. The document “Our Waste, Our Resources: A Strategy for England” is here.

This 2018 strategy has the stated aim to contribute to the delivery of five strategic ambitions:

1  To work towards all plastic packaging placed on the market being recyclable, reusable or compostable by 2025;

2  To work towards eliminating food waste to landfill by 2030;

3  To eliminate avoidable plastic waste over the lifetime of the 25 Year Environment Plan;

4  To double resource productivity by 2050; and

5  To eliminate avoidable waste of all kinds by 2050.

The document states –

As most of our existing waste legislation is EU-derived, this will be retained in UK law through the European Union Withdrawal Act 2018. And proposals which follow from this Strategy will take account of the future relationship we negotiate with the EU on environmental matters. Where existing legislation is insufficient to deliver our ambition we will take new powers to do so, including through our Environment Bill. And we will work with the devolved administrations to co- ordinate policy on resources and waste, to ensure that approaches are aligned and impacts on the UK Internal Market are minimised.

Increases in Landfill Tax Rates (England, Northern Ireland)

Both the standard and lower rates of Landfill Tax will increase in 2019 in line with the Retail Prices Index (RPI), rounded to the nearest 5 pence. This measure was announced in the Autumn Budget 2017.

Previously, the tax applied across the UK but from 1 April 2015 it was devolved in Scotland and from 1 April 2018 in Wales.

The increases in the standard and lower rates of Landfill Tax in line with RPI will apply to taxable disposals made, or treated as made, at relevant landfill sites and unauthorised waste sites, on or after 1 April 2019.

The rate changes will apply in England and Northern Ireland only. Sites operating without the necessary environmental disposal permit or licence will be liable for Landfill Tax at the standard rate on all material.

Legislation will be introduced in Finance Bill 2018-19 to amend section 42(1)(a) and 42(2) of the Finance Act 1996 to provide for the new rates of Landfill Tax. These changes will be consolidated into the law supplied in Cardinal Environment EHS Legislation Registers and Law Checklists.

New Measures for Single-Use Plastics (UK)

The Budget 2018 announced a new tax on produced or imported plastic packaging from 1 April 2022. Subject to consultation, this will apply to all plastic packaging that doesn’t include at least 30% recycled content.

In addition, there are planned reforms to the Packaging Producer Responsibility System, that will also be consulted on shortly.

THIS POST WILL BE UPDATED WITH THE CONSULTATION LINKS, please book mark the post to return to it online, as a new email will not be sent out.

Standard Rules Environmental Permitting (England)

The Environment Agency offers standard rules environmental permits in England for listed activities.

Further permits are now available (waste).

The full list is here.

Note : standard rules permits are cheaper, but

• the rules cannot be varied and there is no right of appeal against them

• any change in operations so a standard permit no longer works for the operation results in a requirement to make it a bespoke permit instead

• if there is a change in the local environment after the permit has been issued (for example due to a change in the definition of a groundwater source protection zone), the operation may need to be upgraded to a standard sufficient for the changed environment, or the permit changed to a bespoke permit